CHAPTER 209
SB 83 – FINAL VERSION
02/10/05 0147s
25May2005… 1569h
06/09/05 1892eba
2005 SESSION
06/03
SENATE BILL 83
AN ACT establishing a commission to study issues relative to the comprehensive shoreland protection act.
COMMITTEE: Environment and Wildlife
This bill establishes a commission to study the effectiveness of the comprehensive shoreland protection act.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/10/05 0147s
25May2005… 1569h
06/09/05 1892eba
05-0946
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT establishing a commission to study issues relative to the comprehensive shoreland protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
209:1 Commission Established. There is established a commission to study the effectiveness of the comprehensive shoreland protection act and to explore standards that are better suited to local and state resource needs and to preservation of the public waters of the state.
209:2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The commissioner of the department of environmental services, or designee.
(d) The director of the office of energy and planning, or designee.
(e) One member of a regional planning commission, nominated by the New Hampshire Association of Regional Planning Commissions, and appointed by the governor.
(f) A representative of the New Hampshire Lakes Association, nominated by the New Hampshire Lakes Association, and appointed by the governor.
(g) Two members of the public who are waterfront property owners, appointed by the governor.
(h) A representative of the New Hampshire Farm Bureau Federation, nominated by the New Hampshire Farm Bureau Federation, and appointed by the governor.
(i) A representative of the Home Builders and Remodelers Association of New Hampshire, nominated by the Home Builders and Remodelers Association of New Hampshire, and appointed by the governor.
(j) A member with estuary experience representing the University of New Hampshire, appointed by the governor.
(k) A representative of the New Hampshire Association of Realtors, nominated by the New Hampshire Association of Realtors, and appointed by the governor.
(l) A representative of a waterfront community, nominated by the New Hampshire Municipal Association, and appointed by the governor.
(m) A representative of the New Hampshire Rivers Council, nominated by the New Hampshire Rivers Council, and appointed by the governor.
(n) A member representing forestry interests, nominated by the New Hampshire Timberland Owners Association, and appointed by the governor.
(o) A member who is a landscaping consultant, appointed by the governor.
(p) A member representing a conservation commission of a waterfront community, nominated by the New Hampshire Association of Conservation Commissions, and appointed by the governor.
(q) A member from the New Hampshire Marine Trades Association, nominated by the New Hampshire Marine Trades Association, and appointed by the governor.
(r) The attorney general, or designee.
(s) A member from the New Hampshire Wildlife Federation, nominated by the New Hampshire Wildlife Federation, and appointed by the governor.
(t) A member from the New Hampshire Waterworks Association, nominated by the New Hampshire Waterworks Association, and appointed by the governor.
(u) A member from the New Hampshire Association of Natural Resource Scientists, nominated by the New Hampshire Association of Natural Resource Scientists, and appointed by the governor.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
209:3 Duties. The commission shall:
I. Review current shoreland buffer and setback standards and recommend buffer and setback standards that are consistent with other applicable laws.
II. Assess land-use impacts around the state’s public waters.
III. Review current nonconforming use, lot, and structure standards and make recommendations to revise and/or clarify these standards.
IV. Explore funding options for the shoreland protection program at the department of environmental services.
V. Assess current definitions and size, type, and location standards pertaining to structures as outlined in the comprehensive shoreland protection act, and make recommendations to revise and/or clarify these standards.
VI. Recommend options, suggestions, or alternatives to the comprehensive shoreland protection act and determine whether it should be merged with other applicable laws such as the state’s wetlands laws.
VII. Identify areas of the comprehensive shoreland protection act in need of revision.
VIII. Review current structural exemption from setback requirements and make recommendations to revise and/or clarify these requirements.
IX. Review current viewing and access corridor options within the protected shoreland zone and make recommendations.
X. Review current permitting, waiver, variance, and enforcement provisions of the comprehensive shoreland protection act and make recommendations to revise and/or clarify these provisions.
209:4 Chairperson; Meetings. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the commissioner of the department of environmental services, or designee. The first meeting of the commission shall be held within 45 days of the effective date of this section. Subsequent meetings shall be at the call of the chair, or at the request of 3 or more commission members. The shoreland supervisor of the department of environmental services shall serve as secretary and staff to the commission.
209:5 Report. The commission shall make an interim report of its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the governor, the commissioner of the department of environmental services, the senate clerk, the house clerk, and the state library on or before November 1, 2005. The commission shall make a final report of its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the governor, the commissioner of the department of environmental services, the senate clerk, the house clerk, and the state library on or before November 30, 2006.
209:6 Effective Date. This act shall take effect upon its passage.
(Approved: July 1, 2005)
(Effective Date: July 1, 2005)